What steps will be taken to protect SWAs from abuse by agents who wrongfully accuse SWAs of non-compliance with DOL regulations?
TEGL 11-07, Change 1, as explained during the training sessions, requires the following additional activities: (1) SWA completion of Form I-9 for every worker referred to an H-2A job order, and (2) SWA issuance of a certification to the employer for each worker found eligible for employment after completion of a Form I-9. A SWA that complies with such activities will be in compliance with DOL regulations and agency guidance. Should a situation arise in which an agent accuses a SWA of non-compliance with DOL regulations, the SWA should consult its own legal counsel for the best course of action.
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